U.S Code last checked for updates: May 27, 2024
§ 1401.
Definitions
Except as otherwise provided, in this chapter:
(1)
Assistive technology device
(A)
In general
(B)
Exception
(2)
Assistive technology service
The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A)
the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B)
purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C)
selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D)
coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E)
training or technical assistance for such child, or, where appropriate, the family of such child; and
(F)
training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3)
Child with a disability
(A)
In general
The term “child with a disability” means a child—
(i)
with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(ii)
who, by reason thereof, needs special education and related services.
(B)
Child aged 3 through 9
The term “child with a disability” for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child—
(i)
experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and
(ii)
who, by reason thereof, needs special education and related services.
(4)
Repealed. Pub. L. 114–95, title IX, § 9215(ss)(1)(A), Dec. 10, 2015, 129 Stat. 2181
(5)
Educational service agency
The term “educational service agency”—
(A)
means a regional public multiservice agency—
(i)
authorized by State law to develop, manage, and provide services or programs to local educational agencies; and
(ii)
recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State; and
(B)
includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school.
(6)
Elementary school
(7)
Equipment
The term “equipment” includes—
(A)
machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and
(B)
all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.
(8)
Excess costs
The term “excess costs” means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and which shall be computed after deducting—
(A)
amounts received—
(i)
under subchapter II;
(ii)
under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; and
(iii)
under part A of title III of that Act [20 U.S.C. 6811 et seq.]; and
(B)
any State or local funds expended for programs that would qualify for assistance under any of those parts.
(9)
Free appropriate public education
The term “free appropriate public education” means special education and related services that—
(A)
have been provided at public expense, under public supervision and direction, and without charge;
(B)
meet the standards of the State educational agency;
(C)
include an appropriate preschool, elementary school, or secondary school education in the State involved; and
(D)
are provided in conformity with the individualized education program required under section 1414(d) of this title.
(10)
Repealed. Pub. L. 114–95, title IX, § 9214(d)(1), Dec. 10, 2015, 129 Stat. 2164
(11)
Homeless children
(12)
Indian
(13)
Indian tribe
(14)
Individualized education program; IEP
(15)
Individualized family service plan
(16)
Infant or toddler with a disability
(17)
Institution of higher education
The term “institution of higher education”—
(A)
has the meaning given the term in section 1001 of this title; and
(B)
also includes any college or university receiving funding from the Secretary of the Interior under the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801 et seq.].
(18)
Limited English proficient
(19)
Local educational agency
(A)
In general
(B)
Educational service agencies and other public institutions or agencies
The term includes—
(i)
an educational service agency; and
(ii)
any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
(C)
BIA funded schools
(20)
Native language
(21)
Nonprofit
(22)
Outlying area
(23)
Parent
The term “parent” means—
(A)
a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent);
(B)
a guardian (but not the State if the child is a ward of the State);
(C)
an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
(D)
except as used in sections 1415(b)(2) and 1439(a)(5) of this title, an individual assigned under either of those sections to be a surrogate parent.
(24)
Parent organization
(25)
Parent training and information center
(26)
Related services
(A)
In general
(B)
Exception
(27)
Secondary school
(28)
Secretary
(29)
Special education
The term “special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including—
(A)
instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B)
instruction in physical education.
(30)
Specific learning disability
(A)
In general
(B)
Disorders included
(C)
Disorders not included
(31)
State
(32)
State educational agency
(33)
Supplementary aids and services
(34)
Transition services
The term “transition services” means a coordinated set of activities for a child with a disability that—
(A)
is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
(B)
is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
(C)
includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
(35)
Universal design
(36)
Ward of the State
(A)
In general
(B)
Exception
(Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2652; amended Pub. L. 110–315, title IX, § 941(k)(2)(C), Aug. 14, 2008, 122 Stat. 3466; Pub. L. 111–256, § 2(b)(2), Oct. 5, 2010, 124 Stat. 2643; Pub. L. 114–95, title IX, §§ 9214(d)(1), 9215(ss)(1), Dec. 10, 2015, 129 Stat. 2164, 2181.)
cite as: 20 USC 1401